SHAMSHAD Vs. PARACHINAR BIRADARI

JUDGEMENT

(1.) Present civil revision is filed under section 25 of Provincial Small Cause Courts Act, 1887, (hereinafter referred as Act) against the judgment and decree dated 11.02.2016 passed by Judge Small Cause Court/Additional District Judge Dehradun in SCC Suit No. 31 of 2015, Parachinar Biradari vs. Shamshaad, whereby the suit was decreed ex parte. A further prayer has been made to set aside the order dated 09.10.2018 whereby application filed by revisionist under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as 'Code') for setting aside the ex parte judgment and decree dated 11.02.2016 has been rejected.

(2.) Brief facts leading to the present case are that the plaintiff/respondent instituted the aforesaid suit against the revisionist for recovery of rent and eviction of the revisionist from the suit premises, inter alia, on the grounds that the revisionist was the tenant on behalf of the plaintiff @ Rs. 500/- per month. He did not pay the rent w.e.f. 01.07.2010. A legal notice was issued to him on 14.01.2015, whereby his tenancy was terminated, he was directed to vacate the suit property, despite the service of notice, the revisionist did not comply with the notice then the plaintiff was constrained to institute the suit for the decree of eviction and recovery of rent, against the revisionist. Revisionist engaged Mr. Sanjay Kukreti, Advocate, who filed his vakalatnama for the revisionist. The defendant/revisionist appeared on 25.08.2015 and signed the order sheet, on subsequent dates he remain absent, then the suit proceeded ex parte against him vide order dated 28.01.2016.

(3.) The plaintiff adduced the documentary and affidavit evidence, trial court vide judgment and order dated 11.02.2016 decreed the suit ex parte in favour of the plaintiff/defendant and directed the defendant to handover the possession of the suit property to the plaintiff and to pay the remaining rent of Rs. 18,000/- from 01.07.2010 to February 2015 and also passed a decree mesne profit directing the defendant to pay damages, mesne profit and rent @ 35 per day to the plaintiff.